The Animal Welfare (Licensing of Animal Exhibits) (Wales

W E L S H S T A T U T O R Y I N S T R U M E N T S

2020 No. (W. )

ANIMALS, WALES

The Animal Welfare (Licensing of

Animal Exhibits) (Wales)

Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the licensing of persons

involved in Wales in keeping or training animals for

exhibition for educational or entertainment purposes.

Regulation 3 sets out what to take into consideration

for the purposes of determining whether an activity is a

licensable activity. Regulation 4 specifies the

licensable activity for the purposes of section 13(1) of

the Animal Welfare Act 2006 (“the 2006 Act”) and

provides for local authorities to be the licensing

authority. The consequence of this specification is

that, subject to qualifying criteria, any person wishing

to carry on the licensable activity in Wales must obtain

a licence from the local authority under these

Regulations. This requirement replaces the

requirement, in Wales, to be registered under the

Performing Animals (Regulation) Act 1925.

A person who carries on the licensable activity in

Wales without a licence under these Regulations

commits an offence under section 13(6) of the 2006

Act and is liable to imprisonment for a term of up to

six months, a fine or both. Under section 30 of the

2006 Act, local authorities may prosecute for any

offence under the Act.

Part 2 of the Regulations sets out how a person may

apply to the local authority for a licence and matters in

respect of which a local authority must be satisfied

when considering the grant or renewal of a licence. It

provides for a local authority to charge fees to cover

the costs it incurs in performing this function,

including the consideration of a licence holder’s

compliance with these Regulations, enforcement and

administration. It specifies that a local authority must attach certain licence conditions to each licence

granted or renewed. It provides that a local authority

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must appoint an inspector to inspect any premises and

travel equipment linked to the licensable activity when

determining whether or not to grant or renew a licence,

and makes provision for a local authority to appoint an

inspector when it considers it appropriate, for the

purpose of ensuring that the licence conditions are

being complied with. It requires a local authority to

have regard to guidance issued by the Welsh Ministers

in carrying out their functions under these Regulations.

It provides powers for inspectors to take samples from

animals.

Part 3 sets out the circumstances and procedures under

which a licence may be suspended, varied or revoked.

It also provides that the breach of a condition of a

licence or the obstruction of any inspector appointed

for the purposes of enforcement of these Regulations is

an offence and applies relevant post-conviction powers

contained in the 2006 Act.

Part 4 provides for appeals against licensing decisions

by local authorities. Part 5 makes repeals, revocations

and consequential amendments. Part 6 sets out that

local authorities must provide certain information to

the Welsh Ministers.

Schedule 1 sets out the licence conditions that are to be

attached to each licence granted or renewed for the

licensable activity. Schedule 2 lists persons who may

not apply for a licence and Schedules 3 and 4 provide

for repeals, revocations and consequential

amendments.

The Welsh Ministers’ Code of Practice on the carrying

out of Regulatory Impact Assessments was considered

in relation to these Regulations. As a result, a

regulatory impact assessment has been prepared as to

the likely costs and benefits of complying with these

Regulations in Wales. A copy can be obtained from

the Office of the Chief Veterinary Officer, Welsh

Government, Cathays Park, Cardiff CF10 3NQ.

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Draft Regulations laid before the National Assembly

for Wales under section 61 of the Animal Welfare Act 2006, for approval by the National Assembly for

Wales.

W E L S H S T A T U T O R Y I N S T R U M E N T S

2020 No. (W. )

ANIMALS, WALES

The Animal Welfare (Licensing of Animal Exhibits) (Wales)

Regulations 2020

Made ***

Laid before the National Assembly for Wales

***

Coming into force ***

The Welsh Ministers, as the appropriate national

authority in relation to Wales(1), make the following

Regulations in exercise of the powers conferred by

sections 13(2), (7), (8) and (10) of and Parts 1 and 3 of

Schedule 1 to the Animal Welfare Act 2006(2).

In accordance with section 13(9) of that Act, the

Welsh Ministers have consulted those persons

appearing to them to represent interests with which

these Regulations are concerned as they considered

appropriate.

In accordance with section 61(2) of that Act(3), a draft

of this instrument has been laid before, and approved

by resolution of, the National Assembly for Wales.

(1) The appropriate national authority is defined in section 62(1)

of the Animal Welfare Act 2006. Functions conferred on the

National Assembly for Wales are now vested in the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and

32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2) 2006 c. 45. (3) 2006 c. 45. By virtue of section 162 of, and paragraph 34 of

Schedule 11 to, the Government of Wales Act 2006 (c. 32), the reference in section 61(2) to “House of Parliament”

includes the National Assembly for Wales.

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PART 1

Introduction

Title and commencement

1.—(1) The title of these Regulations is the Animal

Welfare (Licensing of Animal Exhibits) (Wales)

Regulations 2020.

(2) They come into force on [insert date].

Interpretation

2.—(1) In these Regulations—

“the Act” (“[insert Welsh/y Ddeddf]”) means the

Animal Welfare Act 2006;

“licence” (“[insert Welsh]”), except as the context

otherwise requires in regulation 12(1)(b) and

Schedule 2 or where more specifically provided,

means a licence to carry on the licensable activity

granted or renewed under these Regulations and

cognate expressions are to be construed

accordingly;

“licence conditions” (“[insert Welsh]”) means the

conditions set out in Schedule 1;

“licensable activity” (“[insert Welsh]”) means the

activity described in regulation 3;

“local authority” (“awdurdod lleol”) means a

county council or county borough council in

Wales;

“operator” (“[insert Welsh]”) means a person

who—

(a) carries on, attempts to carry on or knowingly

allows to be carried on the licensable activity,

or

(b) where a licence has been granted or renewed,

is the licence holder;

“working day” ([“insert Welsh”]) means any day

other than a Saturday, a Sunday, Christmas Day,

Good Friday or a day which is a bank holiday in

England and Wales under section 1 of the Banking

and Financial Dealings Act 1971(1).

(2) In these Regulations, “veterinary surgeon” has

the meaning given by section 62(1) of the Act.

Licensable activity

3.—(1) For the purposes of determining whether an

activity is a “licensable activity”, “licensable activity”

means—

(1) 1971 c. 80.

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(a) keeping animals in Wales where those

animals are being used for exhibition for

educational or entertainment purposes,

(b) training animals in Wales where those

animals are being used for exhibition for

educational or entertainment purposes, or

(c) exhibiting animals in Wales for educational or

entertainment purposes.

(2) The licensable activity may take place with or

without charge.

(3) Exhibiting animals for the purpose of the

licensable activity includes—

(a) the exhibition of animals to any audience

attending in person, and

(b) the recording of visual images of the animals

by any form of technology that enables the

display of such images.

(4) The licensable activity does not include—

(a) keeping animals primarily for dairy farming

and livestock breeding and keeping,

(b) keeping or training animals for military or

police purposes,

(c) keeping or training animals for sporting

purposes,

(d) animals displaying learned behaviours which

are taught for working purposes,

(e) any activity permitted under a licence for a

zoo under the Zoo Licensing Act 1981(1),

(f) keeping a pet shop under a licence granted

under section 1(1) of the Pet Animals Act

1951(2), or

(g) any activity permitted under a licence for a

riding establishment under the Riding

Establishments Act 1964(3).

(5) For the purposes of this regulation, “livestock”

includes any creature kept for the production of food,

wool, skins or fur, or for the purpose of its use in the

farming of land.

Licensing of operators

4.—(1) The licensable activity (as defined in

regulation 3) is a specified activity for the purposes of

section 13(1) of the Act.

(2) A local authority is the licensing authority for the

licensable activity.

(1) 1981 c. 37. (2) 1951 c. 35.

(3) 1964 c. 70.

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(3) For operators ordinarily resident in Wales, an

application for a licence for the licensable activity

must be received by a local authority where the

operator is ordinarily resident.

(4) For operators not ordinarily resident in Wales, an

application for a licence for the licensable activity

must be received by a local authority where the

licensable activity takes place.

(5) The licensable activity must be carried out by the

licence holder or a person authorised by the licence

holder.

PART 2

Grant, renewal and variation with consent of a

licence and inspection of premises, fees and

guidance

Conditions of grant or renewal of a licence

5.—(1) This regulation applies where—

(a) a local authority has received from an

operator an application in writing for the grant

or renewal of a licence to carry on the

licensable activity, and

(b) the application gives such information as the

local authority has required.

(2) The local authority must—

(a) appoint one or more suitably qualified

inspectors to inspect any premises and travel

equipment linked to the licensable activity

that will assist in the determination of whether

or not to grant or renew a licence, and

(b) following that inspection, grant a licence to

the operator, or renew the operator’s licence,

in accordance with the application, if it is

satisfied that—

(i) the licence conditions will be met,

(ii) any appropriate fee has been paid in

accordance with regulation 14, and

(iii) the grant or renewal is appropriate having

taken into account the report submitted to

it in accordance with regulation 6.

(3) A local authority must attach the licence

conditions to each licence granted or renewed.

(4) In considering whether the licence conditions

will be met, a local authority must take account of the

applicant’s conduct as the operator of the licensable

activity to which the application for the grant or

renewal relates, whether the applicant is a suitably

competent person to be the operator of that activity and

any other relevant considerations.

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(5) A local authority must not grant a licence to an

operator, or renew a licence, in any circumstances

other than those described in these Regulations.

(6) All licences granted or renewed in relation to the

licensable activity must be subject to the licence

conditions.

Inspector’s report

6.—(1) Where a local authority arranges an

inspection pursuant to regulation 5(2)(a), it must

arrange for the submission to it of a report by the

inspector.

(2) The inspector’s report must—

(a) contain information about the operator, any

relevant premises, any relevant records, the

condition of any animals, the suitability of

any animals for the nature of the exhibit and

any other relevant matter, and

(b) state whether or not the inspector considers

that the licence conditions will be met.

Period of licence

7.A local authority may grant or renew a licence for

a period of three years in respect of the licensable

activity or any part of the licensable activity.

Power to take samples from animals

8.An inspector may, for the purposes of ensuring the

licence conditions are being complied with, take

samples for laboratory testing from any animal on:

(a) premises specified in the licence as premises

on which the licensable activity is authorised,

or

(b) premises on which the inspector reasonably

believes the licensable activity is being

carried on.

Duty to assist in the taking of samples from animals

9.An operator must comply with any reasonable

request of an inspector to facilitate the identification

and examination of an animal and the taking of

samples in accordance with regulation 8 and, in

particular, must arrange the suitable restraint of an

animal if so requested by an inspector.

Power to arrange for an inspection

10.—(1) A local authority may at any time appoint

one or more suitably qualified inspectors to inspect any premises and travel equipment linked to the

licensable activity for the purpose of ensuring the

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licence conditions are being complied with, if the local

authority considers it appropriate to do so having

regard to—

(a) any representation made to the local authority;

or

(b) any other circumstances which in the local

authority’s opinion call for an inspection.

(2) On appointing an inspector or inspectors under

this regulation, the local authority shall communicate

to the inspector or inspectors and the licence holder the

purpose and scope of the inspection.

(3) Where a local authority arranges for an

inspection under this regulation, it must arrange for the

submission to it of a report by the inspector.

(4) The inspector’s report must—

(a) address the purpose and scope of the

inspection as set out under paragraph (3), and

(b) state whether or not the inspector considers

that the licence conditions are being complied

with.

(5) The local authority must, following the

inspection and taking into account the report submitted

under this regulation, take such action as it considers

appropriate.

Variation or revocation of a licence on the

application, or with the consent, of a licence holder

11.A local authority may at any time vary or revoke

a licence—

(a) on the application in writing of the licence

holder, or

(b) on its own initiative, with the consent in

writing of the licence holder.

Persons who may not apply for a licence

12.—(1) The following persons may not apply for a

licence in respect of the licensable activity—

(a) a person listed as a disqualified person in

paragraph 4 or any of paragraphs 6 to 17 of

Schedule 2 where the time limit for any

appeal against that disqualification has

expired or where, if an appeal was made, that

appeal was refused;

(b) a person listed in any of paragraphs 1 to 3, 5,

18 and 19 of Schedule 2 as having held a

licence which was revoked or where a closure

direction was given, where the time limit for

any appeal against that revocation or direction

has expired or where, if an appeal was made, that appeal was refused.

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(2) Any licence granted or renewed, or held by, a

person mentioned in paragraph (1)(a) or (b) is

automatically revoked.

(3) Any licence granted or renewed, or held by, a

person is automatically revoked where a person is

subsequently a person mentioned in paragraph (1)(a)

or (b).

Death of a licence holder

13.—(1) In the event of the death of a licence holder,

the licence is deemed to have been granted to, or

renewed in respect of, the personal representatives of

that former licence holder.

(2) In the circumstances described in paragraph (1),

the licence is to remain in force for three months

beginning with the date of the death of the former

licence holder or for as long as it was due to remain in

force but for the death (whichever period is shorter)

but remains subject to the provisions in Part 3.

(3) The personal representatives must notify in

writing the local authority which granted or renewed

the licence that they are now the licence holders within

28 days beginning with the date of the death of the

former licence holder.

(4) If the personal representatives fail so to notify the

local authority within the period specified in paragraph

(3), the licence shall cease to have effect on the expiry

of that period.

(5) The local authority which granted or renewed the

licence may, on the application of the personal

representatives, extend the period specified in

paragraph (2) for up to three months if it is satisfied

that the extension is necessary for the purpose of

winding up the estate of the former licence holder and

is appropriate in all the circumstances.

Fees

14.—(1) A local authority may charge such fees as it

considers necessary for—

(a) the consideration of an application for the

grant, renewal or variation of a licence

including any inspection relating to that

consideration, and for the grant, renewal or

variation,

(b) the reasonable anticipated costs of

consideration of a licence holder’s compliance

with these Regulations and the licence

conditions to which the licence holder is

subject in circumstances other than those

described in sub-paragraph (a) including any

inspection relating to that consideration,

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(c) the reasonable anticipated costs of

enforcement in relation to the licensable

activity of an unlicensed operator, and

(d) the reasonable anticipated costs of compliance

with regulation 30.

(2) The fee charged for the consideration of an

application for the grant, renewal or variation of a

licence and for any inspection relating to that

consideration must not exceed the reasonable costs of

that consideration and related inspection.

Guidance

15. A local authority must have regard in the

carrying out of its functions under these Regulations to

such guidance as may be issued by the Welsh

Ministers.

PART 3

Enforcement and notices

Grounds for suspension, variation without consent

or revocation of a licence

16. A local authority may, without any requirement

for the licence holder’s consent, decide to suspend,

vary or revoke a licence at any time on being satisfied

that—

(a) the licence conditions are not being complied

with,

(b) there has been a breach of these Regulations,

(c) information supplied by the licence holder is

false or misleading, or

(d) it is necessary to protect the welfare of an

animal.

Procedure for suspension or variation without

consent

17.—(1) Except as otherwise provided in this

regulation, the suspension or variation of a licence

following a decision under regulation 16 has effect at

the end of a period of seven working days beginning

with the date on which notice of the decision is issued

to the licence holder or, if that date is not a working

day, the next working day.

(2) If it is necessary to protect the welfare of an

animal, the local authority may specify in the notice of

the decision that the suspension or variation has

immediate effect.

(3) A decision to suspend or vary a licence must—

(a) be notified to the licence holder in writing,

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(b) state the local authority’s grounds for

suspension or variation,

(c) state when it comes into effect,

(d) specify measures that the local authority

considers are necessary in order to remedy the

grounds, and

(e) explain the right of the licence holder to make

written representations in accordance with

paragraph (4) and give details of the person to

whom such representations may be made and

the date by the end of which they must be

received.

(4) The licence holder may make written

representations which must be received by the local

authority within seven working days beginning with

the date of issue of notice of the decision under

regulation 16 to suspend or vary the licence or, if that

date is not a working day, the next working day.

(5) Except in relation to notices under paragraph (2),

where a licence holder makes written representations

which are received by the local authority within the

period specified in paragraph (4), the suspension or

variation is not to have effect unless the local

authority, after considering the representations,

suspends or varies the licence in accordance with

paragraph (6)(a).

(6) Within seven working days beginning with the

date of receipt of any representations made in

accordance with paragraph (5), the local authority

must, after considering the representations—

(a) suspend or vary the licence,

(b) cancel its decision under regulation 16 to

suspend or vary the licence,

(c) confirm the suspension or variation of the

licence under paragraph (2), or

(d) reinstate the licence if it has been suspended,

or cancel its variation if it has been varied,

under paragraph (2).

(7) The local authority must issue to the licence

holder written notice of its decision under paragraph

(6) and the reasons for it within seven working days

beginning with the date of receipt of any

representations made in accordance with paragraph (4)

or, if that date is not a working day, beginning with the

next working day.

(8) The local authority’s decision under paragraph

(6) is to have effect on service of its notice under

paragraph (7).

(9) Paragraph (10) applies if the local authority fails

to comply with paragraph (6) or (7).

(10) Where this paragraph applies, after seven working days beginning with the date of receipt of any

representations made in accordance with paragraph (4)

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or, if that date is not a working day, beginning with the

next working day—

(a) a licence suspended under paragraph (2) is to

be deemed to be reinstated;

(b) a licence varied under paragraph (2) is to be

deemed to have effect as if it had not been so

varied;

(c) a licence suspended under paragraph (6)(a) is

to be deemed to be reinstated;

(d) a licence varied under paragraph (6)(a) is to

be deemed to have effect as if it had not been

so varied;

(e) any licence held by the licence holder other

than a licence suspended or varied under

paragraph (2) or (6)(a) which the local

authority decided to suspend or vary under

regulation 16 is to be deemed to remain in

force and not to be so varied.

(11) Once a licence has been suspended for 28 days,

the local authority must on the next working day—

(a) reinstate it without varying it,

(b) vary and reinstate it as varied, or

(c) revoke it.

(12) If the local authority fails to comply with

paragraph (11), the licence is to be deemed to have

been reinstated without variation with immediate

effect.

Reinstatement of a suspended licence by a local

authority

18.—(1) A local authority must reinstate a

suspended licence by way of written notice once it is

satisfied that the grounds specified in the notice of

suspension have been or will be remedied.

(2) Where a local authority reinstates a licence under

paragraph (1), it may reduce the period for which it is

reinstated.

Notice of revocation

19.—(1) A revocation decision must—

(a) be notified in writing to the licence holder,

(b) state the local authority’s grounds for

revocation, and

(c) give notice of the licence holder’s right of

appeal to the First-tier Tribunal and the period

under regulation 27 within which such an

appeal may be brought.

(2) The decision has effect on service of the notice.

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Obstruction of inspectors

20. A person must not intentionally obstruct an

inspector appointed for the purposes of the

enforcement of these Regulations in the exercise of

any powers conferred by or under the Act.

Offences

21.—(1) It is an offence for a person, without lawful

authority or excuse—

(a) to breach a licence condition;

(b) to fail to comply with regulation 9 or 20.

(2) A person who commits an offence under

paragraph (1) is liable on summary conviction to a

fine.

Offences by bodies corporate

22.—(1) Where a body corporate is guilty of an

offence under these Regulations, and that offence is

proved to have been committed with the consent or

connivance of, or to be attributable to any neglect on

the part of—

(a) any director, manager, secretary or other

similar person of the body corporate; or

(b) any person who was purporting to act in any

such capacity,

that person (as well as the body corporate) is also

guilty of the offence.

(2) In this regulation “director”, in relation to a body

corporate whose affairs are managed by its members,

means a member of the body corporate.

Offences by partnerships and unincorporated

associations

23.—(1) Proceedings for an offence under these

Regulations alleged to have been committed by a

partnership or an unincorporated association may be

brought in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a) rules of court relating to the service of

documents are to have effect as if the

partnership or association were a body

corporate;

(b) section 33 of the Criminal Justice Act 1925(1)

and Schedule 3 to the Magistrates’ Court Act

1980(2) apply in relation to the partnership or

(1) 1925 c. 86. Relevant amending enactments are Schedule 6

to the Magistrates’ Court Act 1952 (c. 55) and Schedule 8 to the Courts Act 1971 (c. 23).

(2) 1980 c. 43.

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association as they apply in relation to a body

corporate.

(3) A fine imposed on a partnership or association on

its conviction for an offence under these Regulations is

to be paid out of the funds of the partnership or

association.

(4) Where a partnership is guilty of an offence under

these Regulations, and that offence is proved to have

been committed with the consent or connivance of, or

to be attributable to any neglect on the part of, a

partner, that partner (as well as the partnership) is also

guilty of the offence.

(5) For these purposes, “partner” includes a person

purporting to act as a partner.

(6) Where an unincorporated association is guilty of

an offence under these Regulations, and that offence is

proved to have been committed with the consent or

connivance of, or to be attributable to any neglect on

the part of, an officer of the association, that officer (as

well as the association) is also guilty of the offence.

(7) For these purposes, “officer” means an officer of

the association or a member of its governing body, or a

person purporting to act in such capacity.

Powers of entry

24.Breach of a licence condition must be treated as a

relevant offence for the purposes of section 23 of the

Act (entry and search under warrant in connection with

offences).

Post-conviction powers

25.The relevant post-conviction powers contained in

sections 34 and 42 of the Act apply in relation to a

conviction for an offence under regulation 21.

Notices

26.—(1) Any notice issued by a local authority

under these Regulations may be amended, suspended

or revoked by the local authority in writing at any

time.

(2) A notice may be served on a person by—

(a) personal delivery,

(b) leaving it or sending it by post to the person’s

current or last known postal address, or

(c) emailing it to the person’s current or last

known email address.

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PART 4

Appeals

Appeals

27.—(1) Any operator who is aggrieved by a

decision by a local authority—

(a) to refuse to grant or renew a licence, or

(b) to revoke or vary a licence,

may appeal to the First-tier Tribunal.

(2) The period within which an operator may bring

such an appeal is 28 days beginning with the day

following the date of the decision.

(3) The First-tier Tribunal may on application and

until the appeal is determined or withdrawn—

(a) in the case of a decision to refuse to renew a

licence, permit a licence holder to continue to

carry on the licensable activity or any part of

it subject to the licence conditions, or

(b) suspend a revocation or variation under

regulation 16.

(4) On appeal, the First-tier Tribunal may overturn

or confirm the local authority’s decision, with or

without modification.

PART 5

Repeals, revocations and consequential

amendments

Repeals and consequential amendments

28. Schedule 3 (repeals and consequential

amendments) is to have effect.

Revocations and consequential amendments

29. Schedule 4 (revocations) is to have effect.

PART 6

Provision of information to the Welsh Ministers

Provision of information to the Welsh Ministers

30.—(1) Each local authority must provide the

following information to the Welsh Ministers in

writing when requested for the purpose of assisting the

Welsh Ministers to ascertain—

(a) the number of licences issued and in force for

the licensable activity in its area,

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(b) the number of applications for the licensable

activity that the local authority refused to

grant,

(c) the nature of exhibits and types of animals

used in connection with the licensable

activity, and

(d) the average level of fees it has charged for

licences it has granted or renewed for the

licensable activity.

(2) Each local authority must provide the

information to the Welsh Ministers—

(a) in electronic form, or secure that it is

accessible to the Welsh Ministers in electronic

form, and

(b) no later than one calendar month from the

date on which the information is requested.

Name

Title of Minister, one of the Welsh Ministers

Date

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SCHEDULE 1 Regulation 2

Licence Conditions

Licence display

1.—(1) A copy of the licence must be made

available wherever the licensable activity is carried

out.

(2) The name of the licence holder followed by the

number of the licence holder’s licence must be clearly

and prominently displayed on any website used in

respect of the licensable activity.

Registers, records, lists and notifications

2.—(1) A register must be kept of each animal

exhibited or to be exhibited which must include—

(a) the full name of its supplier,

(b) its date of birth,

(c) the date of its arrival with the licence holder,

(d) its name (if any), age, sex, neuter status,

description and microchip or ring number (if

applicable),

(e) the name and contact details of the animal’s

normal veterinary surgeon and details of any

insurance relating to it,

(f) if the animal is travelling away from its home

base, the name and contact details of a

veterinary surgeon local to the exhibition

event,

(g) details of the animal’s relevant medical and

behavioural history including details of any

treatment administered against parasites and

any restrictions on exercise or diet,

(h) a record of the date or dates of the animal’s

most recent vaccination, worming and flea

treatments,

(i) the distance to and times taken for it to travel

to and from each exhibition event, and

(j) the date of its departure from the licence

holder, and the reason for the departure (for

example, re-homing, retirement or death).

(2) The licence holder must keep a list of each

animal kept, or trained, for exhibition with all the

information necessary to identify that animal

individually (including its common and scientific

names) and must provide the local authority with a copy of the list and any change to it as soon as

practicable after the change.

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(3) A record of when the animals are exhibited must

be kept and an animal rotation policy must be put in

place to ensure that the animals have enough rest

between and during exhibition events.

(4) Written notification of the movement of any

dangerous wild animal (as classified under the

Dangerous Wild Animals Act 1976) in connection

with the licensable activity must be provided to the

local authority at least seven days before the

movement takes place.

(5) The licence holder must ensure that all

documentation that the licence holder is required to

keep as a condition of the licence is available at any

time for inspection by an inspector in a visible and

legible form or, where any such documentation is

stored in electronic form, in a form from which they

can readily be produced in a visible and legible form.

(6) The licence holder must keep all such

documentation for at least three years beginning with

the date on which the record was created.

(7) For the purposes of this paragraph,

“documentation” includes any registers, records and

lists kept in connection with the licensable activity.

Use, number and type of animal

3. No animals or types of animal other than those

animals and types of animal specified in the licence

may be used in relation to the licensable activity.

Staffing

4.—(1) Sufficient numbers of people who are

competent for the purpose must be available to provide

a level of care that ensures that the welfare needs of

each animal covered by the licence are met.

(2) The licence holder and any person who cares for

the animals must have competence to identify the

normal behaviour of the species for which they are

caring and to recognise signs of, and take appropriate

measures to mitigate or prevent, pain, suffering, injury,

disease or abnormal behaviour.

(3) The licence holder must provide and ensure the

implementation of a written training policy for all

persons who care for the animals.

Suitable environment

5.—(1) All areas, equipment and appliances to

which the animals have access must present minimal

risks of injury, illness and escape and must be

constructed in materials that are robust, safe and

durable, in a good state of repair and well maintained.

19

(2) Animals must be kept at all times in an

environment suitable to their species and condition

(including health and status and age) with respect to—

(a) their behavioural needs,

(b) their situation, space, air quality, cleanliness

and temperature,

(c) the water quality (where relevant),

(d) noise levels,

(e) light levels,

(f) ventilation,

(g) emerging disease threats and necessary

controls,

(h) prevention of access from wildlife, where

possible.

(3) Animals must be kept in a condition suitable to

their species.

(4) Where appropriate for the species, a toileting

area and opportunities for toileting must be provided.

(5) All accommodation, any equipment within it,

travel equipment, and the exhibition space must be

cleaned as often as necessary and procedures must be

in place to ensure good hygiene standards are

maintained.

(6) Appropriate biosecurity standards must be

maintained.

(7) All the animals must be easily accessible for

animal husbandry purposes and for inspection and

there must be sufficient light to work effectively and

observe the animals.

(8) All resources must be provided in a way (for

example as regards frequency, location and access

points) that minimises competitive behaviour or the

dominance of individual animals.

(9) The animals must not be left unattended in any

situation or for any period likely to cause them

distress.

Suitable diet

6.—(1) The animals must be provided with a

suitable diet in terms of quality, quantity and

frequency and any new feeds must be introduced

gradually to allow the animals to adjust to them.

(2) Feed and (where appropriate) water intake must

be monitored, and any problems recorded and

addressed.

(3) Feed and drinking water provided to the animals

must be unspoilt and free from contamination.

(4) Feed and drinking receptacles must be capable of being cleaned and disinfected, or disposable.

20

(5) During transport animals must be offered fresh,

clean drinking water at appropriate intervals and

afforded adequate opportunity to drink.

(6) At all other times, constant access to fresh, clean

drinking water must be provided in a suitable

receptacle for the species that requires it.

(7) There must be hygienic facilities for the

preparation and storage of feed.

Monitoring of behaviour and training of animals

7.—(1) — Active and effective species-specific

environmental enrichment must be provided to the

animals in all permanent or temporary environments in

which the animals are kept, trained or exhibited (inside

and outside).

(2) For species whose welfare depends partly on

exercise, opportunities to exercise which benefit the

animals’ physical and mental health must be provided,

unless advice from a veterinary surgeon suggests

otherwise.

(3) The animals’ behaviour and any changes of

behaviour must be monitored and advice must be

sought, as appropriate and without delay, from a

veterinary surgeon or, in the case of fish, any person

competent to give such advice if adverse or abnormal

behaviour is detected.

(4) The animals must be trained by competent

persons, using positive reinforcement.

(5) Where used, training methods or equipment must

not cause pain, suffering or injury.

(6) All animals must be given suitable and adequate

opportunities to—

(a) learn how to interact with people, their own

species and other animals where such

interaction benefits their welfare, and

(b) become habituated to enclosures, noises,

objects and activities they are likely to

encounter in connection with the licensable

activity.

Animal handling and interactions

8.—(1) All people responsible for the care of the

animals must be competent in the appropriate handling

of each animal to protect it from pain, suffering, injury

or disease.

(2) The animals must be kept separately or in

suitable compatible social groups appropriate to the

species and individual animals and no animals from a

social species may be isolated or separated from others

of their species for any longer than is necessary.

(3) Social animals must not be exhibited if their

removal from and reintroduction to the group with

21

which they are usually housed causes them or any

other animal within that group stress, anxiety or fear.

(4) Animals must be prevented from coming into

contact with each other during any exhibition where

such contact would be likely to cause any of them to

show signs of aggression, fear or distress.

(5) The animals must have at least daily

opportunities to interact with people where such

interaction benefits their welfare.

(6) All persons likely to come into contact with the

animals during an exhibition must be briefed about

how to behave around the animals so as to minimise

anxiety, fear and stress in the animals.

(7) All persons likely to come into contact with the

animals during an exhibition must be briefed about

how to behave around the animals so as to minimise

the risk of injury to persons.

(8) The animals must not be handled by persons

whose behaviour appears at the time to be influenced

by the consumption of alcohol or by any psychoactive

substance.

(9) The licence holder must, where possible,

promote public education and awareness, and

respectful and responsible attitudes, in relation to the

species being exhibited.

(10) No female animal with unweaned offspring may

be removed from its home environment if such

removal causes the animal distress and newborn,

unweaned or dependent offspring must not be removed

from their mothers.

Protection from pain, suffering, injury and disease

9.—(1) Written procedures must—

(a) be in place and implemented covering—

(i) feeding regimes,

(ii) cleaning regimes,

(iii) transportation,

(iv) the prevention of, and control of the

spread of, disease,

(v) monitoring and ensuring the health and

welfare of all the animals,

(vi) the escape of an animal,

(vii) the death, retirement or re-homing of an

animal (including the storage of

carcasses);

(b) be in place covering the care of the animals

following the suspension or revocation of the

licence or during and following an

emergency.

22

(2) The written procedures must cover the animals at

their home base and during the course of, and time

surrounding, transportation and exhibition.

(3) All people responsible for the care of the animals

must be made fully aware of these procedures.

(4) Appropriate isolation, in separate self-contained

facilities, must be available for the care of sick, injured

or potentially infectious animals.

(5) All reasonable precautions must be taken to

prevent and control the spread among the animals and

people of infectious diseases, pathogens and parasites.

(6) All excreta and soiled bedding for disposal must

be stored and disposed of in a hygienic manner and in

accordance with any relevant legislation.

(7) Sick or injured animals must not be exhibited,

other than where the purpose of the licensable activity

is to care for such animals and the licensable activity

does not cause the animal distress.

(8) Sick or injured animals must receive prompt

attention from a veterinary surgeon or, in the case of

fish, an appropriately competent person and the advice

of that veterinary surgeon or, in the case of fish, that

competent person, must be followed.

(9) Where necessary, animals must receive

preventative treatment by an appropriately competent

person.

(10) The licence holder must register with a

veterinary surgeon with an appropriate level of

experience in the health and welfare requirements of

any animals specified in the licence and the contact

details of that veterinary surgeon must be readily

available on the premises on which the licensable

activity is carried on.

(11) Prescribed medicines must be stored safely and

securely to safeguard against unauthorised access, at

the correct temperature, and used in accordance with

the instructions of the veterinary surgeon.

(12) Medicines other than prescribed medicines must

be stored, used and disposed of in accordance with the

instructions of the manufacturer or veterinary surgeon.

(13) Cleaning products must be suitable, safe and

effective against pathogens that pose a risk to the

animals and must be used, stored and disposed of in

accordance with the manufacturer’s instructions and

used in a way which prevents distress or suffering of

the animals.

(14) All animals must be checked at least once daily

and more regularly as necessary to check for any signs

of pain, suffering, injury, disease or abnormal

behaviour and vulnerable animals must be checked

more frequently.

(15) Any signs of pain, suffering, injury, disease or

abnormal behaviour must be recorded and the advice

23

and further advice (if necessary) of a veterinary

surgeon (or in the case of fish, of an appropriately

competent person) must be sought and followed.

(16) Animals used in exhibition must be in good

physical and mental health, other than where the

purpose of the licensable activity is to care for sick or

injured animals.

(17) The exhibited animals must be suitable for the

specific conditions, type of enclosure and actions

involved in the exhibition.

(18) Any equipment and other materials used in the

exhibition must not cause the animals pain, discomfort,

fatigue or stress.

(19) The animals must be transported in suitable,

secure and appropriately labelled carriers.

(20) The animals must be transported and handled in

a manner (including for example in relation to housing,

temperature, ventilation and frequency) that protects

them from pain, suffering, injury and disease.

(21) The licence holder or a suitably competent

person caring for an animal must undertake a risk

assessment before every new exhibition event.

Emergencies

10.—(1) A written emergency plan, acceptable to the

local authority, must be in place, known and available

to all persons caring for animals, and followed where

necessary to ensure appropriate steps are taken to

protect people and animals in case of fire or in case of

the breakdown of a vehicle used to transport the

animals, essential heating, ventilation and aeration or

filtration systems or other emergencies such as escapes

or attacks.

(2) The plan must include details of the emergency

measures to be taken for the extrication of the animals

where appropriate and an emergency telephone list that

includes the fire service and police.

(3) Measures must be in place so that animals may

be securely confined where appropriate.

(4) The licence holder or a suitably competent

person must at all times be within reasonable travel

distance of the exhibition and the locations where the

animals are kept and trained in connection with the

licensable activity and available to attend in an

emergency.

Insurance

11.The licence holder must hold valid public liability

insurance in respect of the licensable activity.

24


Persons who may not apply for a licence

1. A person who has at any time held a licence which

was revoked under regulation 16 of these Regulations.


was revoked under regulation 17 of the Animal

Welfare (Breeding of Dogs) (Wales) Regulations

2014(1).


was revoked under regulation 13 of the Welfare of

Wild Animals in Travelling Circuses (England)

Regulations 2012(2).

4. A person who is disqualified under section 33 of

the Welfare of Animals Act (Northern Ireland)

2011(3).


was revoked under regulation 12 of the Welfare of

Racing Greyhounds Regulations 2010(4).


the Act.

7. A person who is disqualified under section 40(1)

and (2) of the Animal Health and Welfare (Scotland)

Act 2006(5).

8. A person who is disqualified under section 4(1) of

the Dangerous Dogs Act 1991(6).

9. A person who is disqualified under Article 33A of

the Dogs (Northern Ireland) Order 1983(7).


of the Dangerous Wild Animals Act 1976(8) from

keeping a dangerous wild animal.


of the Breeding of Dogs Act 1973(9) from keeping a

breeding establishment for dogs.

(1) S.I. 2014/3266 (W. 333). (2) S.I. 2012/2932.

(3) 2011 c. 16. (4) S.I. 2010/543.

(5) 2006 asp 11. (6) 1991 c. 65; section 4(1) was amended by the Anti-social

Behaviour, Crime and Policing Act 2014, c. 12 and the Dangerous Dogs (Amendment) Act 1997, c. 53.

(7) S.I. 1983/764 (N.I. 8), as amended by S.I. 1991/2292 (N.I. 21) and by sections 17(1) and 18(1) of, and paragraph 3 of

the Schedule to the Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9) and by article 2 of, and the Schedule to

S.R. 2011 No. 281. (8) 1976 c. 38; section 6(2) has been amended but the

amendments are not relevant. (9) 1973 c. 60. The Breeding of Dogs Act 1973 was repealed by

paragraph 5 of Schedule 9 to the Animal Welfare (Licensing

25


of the Riding Establishments Act 1964(1) from

keeping a riding establishment.


of the Animal Boarding Establishments Act 1963(2)

from keeping a boarding establishment for animals.


of the Pet Animals Act 1951(3) from keeping a pet

shop.


of the Protection of Animals (Amendment) Act

1954(4) from having custody of an animal.


of the Performing Animals (Regulation) Act 1925(5).


the Protection of Animals Act 1911(6) from the

ownership of an animal.

18. A person who has at any time held a licence

which was revoked under regulation 15 of the Animal

Welfare (Licensing of Activities Involving Animals)

(England) Regulations 2018(7).

19. A person who has been ordered to close a zoo

under section 16B of the Zoo Licensing Act 1981(8).


Repeals and consequential amendments

Performing Animals (Regulation) Act 1925

1. The Performing Animals (Regulation) Act 1925 is

repealed.

Dangerous Wild Animals Act 1976

2.—(1) The Dangerous Wild Animals Act 1976(9) is

amended as follows.

of Activities Involving Animals) (England) Regulations

2018 (S.I. 2018/486). (1) 1964 c. 70; section 4(3) was amended by paragraph 6(2) of

Schedule 3 to, the Act. (2) 1963 c. 43; section 3(3) was amended by paragraph 5(2) of

Schedule 3 to, the Act. (3) 1951 c. 35; section 5(3) was amended by paragraph 3(2) of

Schedule 3 to the Act. (4) 1954 c. 40; section 1 was repealed by Schedule 4 to the Act.

(5) 1925 c. 38; section 4(2) was amended by paragraph 1 of Schedule 3 to the Act.

(6) 1911 c. 27; section 3 was repealed by Schedule 4 to the Act. (7) S.I. 2018/486, as amended.

(8) 1981 c. 37. (9) Section 6 was amended by regulation 26 of, and paragraph 4

of Schedule 2 to, S.I. 2014/3266 (W.333) and regulation 25

26

(2) In section 6(1) (penalties) at the appropriate

place insert—

“(3D) Where a person is convicted of an offence

under section 13(6) of the Animal Welfare Act

2006 arising from the contravention of section

13(1) of that Act in relation to an activity in Wales,

or of an offence under the Animal Welfare

(Licensing of Animal Exhibits) (Wales)

Regulations 2020, subsections (2) and (3) apply as

they do to convictions under this Act.”

Zoo Licensing Act 1981

3.In section 4(5) of the Zoo Licensing Act 1981(2)

(grant or refusal of licence) at the appropriate place

insert—

(a) “section 13(6) of the Animal Welfare Act

2006, so far as the offence arises from the

contravention of section 13(1) of that Act in

relation to the carrying on of an activity in

Wales;”; and

(b) “The Animal Welfare (Licensing of Animal

Exhibits) (Wales) Regulations 2020.”


Revocations

Performing Animals Rules 1925

1. The Performing Animals Rules 1925(3) are

revoked.

of, and paragraph 7 of Schedule 9 to, the Animal Welfare (Licensing of Activities Involving Animals) (England)

Regulations 2018/486. There were other amendments to section 6 but they are not relevant.

(1) Subsection 6 was amended by regulation 26 of, and paragraph 4 of Schedule 2 to, S.I. 2014/3266 (W.333) and

regulation 25 of, and paragraph 7 of Schedule 9 to, the Animal Welfare (Licensing of Activities Involving Animals)

(England) Regulations 2018/486. There were other amendments to section 6 but they are not relevant.

(2) Subsection (5) was amended by section 64 of, and paragraphs 11(a) to (c) of Schedule 3 to, the Act and, in

relation to Wales, by regulation 26 of, and paragraph 5 of Schedule 2 to, S.I. 2014/3266 (W.333). Subsection (5) was

amended by regulation 25 of, and paragraph 8 of Schedule 9 to, the Animal Welfare (Licensing of Activities Involving

Animals) (England) Regulations S.I. 2018/486. There were other amendments to section 4 but they are not relevant.

(3) S.I. 2018/486, as amended.

Documents

The Animal Welfare (Licensing of Animal Exhibits) (Wales